MIHIR KUMAR HALDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as Junior Assistant Librarian in the Central Soil Salinity Research Institute on February 20, 1990. During continuance of his service, the petitioner was proceeded against departmentally. The charge-sheet dated September 25, 1997 charged him with suppression of his educational qualifications at the time of his appointment. The petitioner while denying and disputing the material allegations levelled in the charge-sheet sought for documents, which the prosecution intended to rely on. He also sought for some other documents.

(2.) It is not disputed that the petitioner was given the opportunity to inspect the relied on documents of the prosecution as well as the documents he sought to rely on in defence. Such opportunity was not availed of by the petitioner on the ground that he required the documents to be supplied to him. His claim was that mere inspection and taking notes would be of no help to him. Since the petitioner had not taken inspection on such ground, the inquiry commenced.

(3.) We find that preliminary and final sittings of inquiry were held by the inquiry officer. In none of the sittings did the petitioner appear before the inquiry officer. We have also found that the petitioner s prayer for being represented by a defence assistant was allowed, yet, the defence assistant too did not attend the inquiry. After the inquiry was over, the petitioner made a prayer for change of inquiry officer. Such prayer was not allowed and ultimately by an order dated January 29, 2000 the petitioner was removed from service. On March 01, 2000, the petitioner had preferred an appeal before the Appellate Authority, who rejected the same by an order dated September 27, 2000. Such order of rejection was communicated to the petitioner on October 23, 2000.